Property and Contract: Comparative Reflections on English Law and Spanish Law

Contract Law › Conveyancing / Tenancy / Land › European Union Law

Property and Contract: Comparative Reflections on English Law and Spanish Law

Edited by John Cartwright · Ángel M. López y López
Hart Publishing November 2021

Specifications

ISBN-13
9781509929337
Publisher
Hart Publishing
Publication
November 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book explores the comparative issues in the relationship between property law and contract law in English and Spanish law. It also draws on other jurisdictions. Little is written on this (in either English or Spanish), meaning it gives English private lawyers exposure to material previously not easily accessible. It goes further, however, than simply setting out similarities/differences: it provides an insightful analysis of both systems key points of interest.

Table of Contents

1. Introduction
John Cartwright, University of Oxford, UK and Ángel M López y López, University of Seville, Spain
I. General Scope and Purpose of the Book
II. Institutions and Terminology of the Spanish Law of Property
2. Contract and the Transfer of Ownership in Spanish and Latin American Law: An Overview
Ángel M López y López, University of Seville, Spain
I. Limited Scope of the Discussion
II. The Roman-Canon Law Tradition
III. The Break from the Traditional Mechanism of Transfer Made by the French Civil Code
IV. The System of 'Titulus et Modus' for the Transfer of Ownership in Spain, in Austria and widely in Latin America
V. Features of the Modern Spanish System
VI. Traditio of Movables and the Rule 'Possession is Equivalent to Title'
VII. Traditio of Immovables and Registration in the Public Register
3. The Dual Role of the Escritura Pública in the Sale of Immovable Property
Manuel Espejo Lerdo de Tejada, University of Seville, Spain
I. Introduction
II. Delivery as an Obligation of the Vendor and Delivery as Traditio
III. Some Special Features of the Transfer of Ownership by Escritura Pública
4. A Non Domino Acquisitions and Protection of Third-Party Purchasers of Immovable Property in the Spanish Legal System
Juan Pablo Murga Fernández, University of Seville, Spain
I. Introduction
II. The Principle and Requirements of Conclusive Title through Registration
III. The Fundamental Effect of Conclusive Title: Curing the Transferor's Lack of Power of Disposition and Establishing a True A Non Domino Acquisition
5. Contract and Conveyance: The Further Repercussions of Different Transfer Systems
Birke Häcker, University of Oxford, UK
I. Introduction, or: On the Importance of Understanding Rules in Context
II. Outline of the Different Property Transfer Regimes
III. The Passing of Risk
IV. The Nature of the Buyer's Claim against the Seller
V. Security Mechanisms and Protection against Insolvency
VI. The Effects of Rescission of Contract
VII. The Size and Structure of the Law of Unjust(ified) Enrichment
VIII. The Rules on Bona Fide Purchase
IX. Conclusion
6. The Creation and Transfer of Property Rights by Contract in English Law
John Cartwright, University of Oxford, UK
I. Introduction. Contract and Property: Independence and Interdependence
II. Contracts to Transfer Rights in Land: The Creation of Property Rights in Equity
III. Passing the (Legal) Property in Movables by Contract
IV. Conclusions
7. The Transfer of Ownership of Goods in the Draft Common Frame of Reference
Francisco Oliva Blázquez, University Pablo de Olavide, Seville, Spain
I. Introduction
II. The Proposal for Harmonising the Transfer of Ownership of Goods: The Work of the Study Group on a European Civil Code
III. The Basic Structure of Article VIII–2:101 DCFR
IV. Autonomy of Will and Transfer of Ownership
V. The Principle of Delivery and the Greater Protection of the Interests of All the Parties Involved (Creditors)
VI. Abstract Transfer versus Causal Transfer
VII. Conclusion
8. The Assignment of Contract: Some Comparative Reflections on French and English Law
Agnès Kwiatkowski, University of Lille, France
I. Introduction. The Assignment of Contract: An Intriguing Recognition
II. Opposing Visions of the Mechanism of Assignment
III. A Mechanism Revealing the Proprietary Character of the Contract
IV. Conclusion
9. Mistakes in Wills
Simon Douglas, University of Oxford, UK
I. Introduction
II. Mistakes
III. Remedies
IV. Conclusion
10. Private Property and Forced Expropriation: Current Challenges in Spanish Law
Encarnación Montoya Martín, University of Seville, Spain
I. Introduction
II. Private Property in the Spanish Constitution of 1978
III. Forced Expropriation
IV. Weak Points or Aspects Most in Need of Reform in the LEF
V. The United Kingdom before the European Court of Human Rights on the Basis of Expropriation
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